BILL NUMBER: SB 815	CHAPTERED  09/26/00

	CHAPTER   671
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	AMENDED IN ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   JUNE 22, 2000
	AMENDED IN SENATE   JANUARY 27, 2000
	AMENDED IN SENATE   JANUARY 11, 2000
	AMENDED IN SENATE   JANUARY 3, 2000

INTRODUCED BY   Senator Chesbro
   (Principal coauthor:  Senator Monteith)
   (Coauthor:  Senator Leslie)
   (Coauthor:  Assembly Member Cardoza)

                        FEBRUARY 25, 1999

   An act to amend Sections 77201 and 77201.1 of the Government Code,
and to amend Section 1 of Chapter 1045 of the Statutes of 1998,
relating to state and local government, and declaring the urgency
thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 815, Chesbro.  Courts:  remittance and reimbursement.
   (1) Existing law specifies certain amounts which a county is
required to remit to the state for purposes of trial court funding.
   This bill would revise those amounts with respect to Contra Costa,
Del Norte, and San Bernardino Counties, except as specified.
   (2) Existing law specifies the funds required to be repaid by
Merced County pursuant to a loan for deferred fire protection
contract costs, and provides that the amount of the local matching
funds made to obtain certain juvenile correction funds in a specified
year is deemed a payment for deferred fire protection contract
costs.
   This bill would extend the period of participation in the juvenile
correction program deemed repayment on that loan.
  (3) The bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 77201 of the Government Code is amended to
read:
   77201.  (a) Commencing on July 1, 1997, no county shall be
responsible for funding court operations, as defined in Section 77003
and Rule 810 of the California Rules of Court as it read on July 1,
1996.
   (b) In the 1997-98 fiscal year, each county shall remit to the
state in installments due on January 1, April 1, and June 30, the
amounts specified in paragraphs (1) and (2), as follows:
   (1) Except as otherwise specifically provided in this section,
each county shall remit to the state the amount listed below which is
based on an amount expended by the respective county for court
operations during the 1994-95 fiscal year:


  Jurisdiction                            Amount
  Alameda ........................  $ 42,045,093
  Alpine .........................        46,044
  Amador .........................       900,196
  Butte ..........................     2,604,611
  Calaveras ......................       420,893
  Colusa .........................       309,009
  Contra Costa ...................    21,634,450
  Del Norte ......................       780,786
  El Dorado ......................     3,888,927
  Fresno .........................    13,355,025
  Glenn ..........................       371,607
  Humboldt .......................     2,437,196
  Imperial .......................     2,055,173
  Inyo ...........................       546,508
  Kern ...........................    16,669,917
  Kings...........................     2,594,901
  Lake ...........................       975,311
  Lassen .........................       517,921
  Los Angeles ....................   291,872,379
  Madera .........................     1,242,968
  Marin ..........................     6,837,518
  Mariposa .......................       177,880
  Mendocino ......................     1,739,605
  Merced .........................     1,363,409
  Modoc ..........................       114,249
  Mono ...........................       271,021
  Monterey .......................     5,739,655
  Napa ...........................     2,866,986
  Nevada .........................       815,130
  Orange .........................    76,567,372
  Placer .........................     6,450,175
  Plumas .........................       413,368
  Riverside ......................    32,524,412
  Sacramento .....................    40,692,954
  San Benito .....................       460,552
  San Bernardino .................    31,516,134
  San Diego ......................    77,637,904
  San Francisco ..................    31,142,353
  San Joaquin ....................     9,102,834
  San Luis Obispo ................     6,840,067
  San Mateo ......................    20,383,643
  Santa Barbara ..................    10,604,431
  Santa Clara ....................    49,876,177
  Santa Cruz .....................     6,449,104
  Shasta .........................     3,369,017
  Sierra .........................        40,477
  Siskiyou .......................       478,144
  Solano .........................    10,780,179
  Sonoma .........................     9,273,174
  Stanislaus .....................     8,320,727
  Sutter .........................     1,718,287
  Tehama .........................     1,352,370
  Trinity ........................       620,990
  Tulare .........................     6,981,681
  Tuolumne .......................     1,080,723
  Ventura ........................    16,721,157
  Yolo ...........................     2,564,985
  Yuba ...........................       842,240

   (2) Except as otherwise specifically provided in this section,
each county shall also remit to the state the amount listed below
which is based on an amount of fine and forfeiture revenue remitted
to the state pursuant to Sections 27361 and 76000 of this code,
Sections 1463.001 and 1464 of the Penal Code, and Sections 42007,
42007.1, and 42008 of the Vehicle Code during the 1994-95 fiscal
year:


  Jurisdiction                            Amount
  Alameda ........................   $12,769,882
  Alpine .........................        58,757
  Amador .........................       377,005
  Butte ..........................     1,437,671
  Calaveras ......................       418,558
  Colusa .........................       485,040
  Contra Costa ...................     6,138,742
  Del Norte ......................       235,438
  El Dorado ......................     1,217,093
  Fresno .........................     4,505,786
  Glenn ..........................       455,389
  Humboldt .......................     1,161,745
  Imperial .......................     1,350,760
  Inyo ...........................       878,321
  Kern ...........................     6,688,247
  Kings...........................     1,115,601
  Lake ...........................       424,070
  Lassen .........................       513,445
  Los Angeles ....................    89,771,310
  Madera .........................     1,207,998
  Marin ..........................     2,700,045
  Mariposa .......................       135,457
  Mendocino ......................       948,837
  Merced .........................     2,093,355
  Modoc ..........................       122,156
  Mono ...........................       415,136
  Monterey .......................     3,855,457
  Napa ...........................       874,219
  Nevada .........................     1,378,796
  Orange .........................    24,830,542
  Placer .........................     2,182,230
  Plumas .........................       225,080
  Riverside ......................    13,328,445
  Sacramento .....................     7,548,829
  San Benito .....................       346,451
  San Bernardino .................    11,694,120
  San Diego ......................    21,410,586
  San Francisco ..................     5,925,950
  San Joaquin ....................     4,753,688
  San Luis Obispo ................     2,573,968
  San Mateo ......................     7,124,638
  Santa Barbara ..................     4,094,288
  Santa Clara ....................    15,561,983
  Santa Cruz .....................     2,267,327
  Shasta .........................     1,198,773
  Sierra .........................        46,778
  Siskiyou .......................       801,329
  Solano .........................     3,757,059
  Sonoma .........................     2,851,883
  Stanislaus .....................     2,669,045
  Sutter .........................       802,574
  Tehama .........................       761,188
  Trinity ........................       137,087
  Tulare .........................     2,299,167
  Tuolumne .......................       440,496
  Ventura ........................     6,129,411
  Yolo ...........................     1,516,065
  Yuba ...........................       402,077

   (3) The installment due on January 1 shall be for 25 percent of
the amounts specified in paragraphs (1) and (2).  The installments
due on April 1 and June 30 shall be prorated uniformly to reflect any
adjustments made by the Department of Finance, as provided in this
section.  If no adjustment is made by April 1, 1998, the April 1,
1998, installment shall be for 15 percent of the amounts specified in
paragraphs (1) and (2).  If no adjustment is made by June 30, 1998,
the June 30, 1998, installment shall be for the balance of the
amounts specified in paragraphs (1) and (2).
   (4) Except as otherwise specifically provided in this section,
county remittances specified in paragraphs (1) and (2) shall not be
increased in subsequent years.
   (5) Any change in statute or rule of court that either reduces the
bail schedule or redirects or reduces a county's portion of fee,
fine, and forfeiture revenue to an amount that is less than (A) the
fees, fines, and forfeitures retained by that county and (B) the
county's portion of fines and forfeitures transmitted to the state in
the 1994-95 fiscal year, shall reduce that county's remittance
specified in paragraph (2) of this subdivision by an equal amount.
Nothing in this paragraph is intended to limit judicial sentencing
discretion.
   (c) The Department of Finance shall adjust the amount specified in
paragraph (1) of subdivision (b) that a county is required to submit
to the state, pursuant to the following:
   (1) A county shall submit a declaration to the Department of
Finance, no later than February 15, 1998, that the amount it is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) either includes or does not include the costs for
local judicial benefits which are court operation costs as defined in
Section 77003 and Rule 810 of the California Rules of Court.  The
trial courts in a county that submits such a declaration shall be
given a copy of the declaration and the opportunity to comment on the
validity of the statements in the declaration.  The Department of
Finance shall verify the facts in the county's declaration and
comments, if any.  Upon verification that the amount the county is
required to submit to the state includes the costs of local judicial
benefits, the department shall reduce on or before June 30, 1998, the
amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) by an amount equal to the cost of
those judicial benefits, in which case the county shall continue to
be responsible for the cost of those benefits.  If a county disagrees
with the Department of Finance's failure to verify the facts in the
county's declaration and reduce the amount the county is required to
submit to the state pursuant to paragraph (1) of subdivision (b), the
county may request that the Controller conduct an audit to verify
the facts in the county's declaration.  The Controller shall conduct
the requested audit which shall be at the requesting county's
expense.  If the Controller's audit verifies the facts in the county'
s declaration, the department shall reduce the amount the county is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) by an amount equal to the amount verified by the
Controller's audit and the state shall reimburse the requesting
county for the cost of the audit.
   (d) The Department of Finance shall adjust the amount specified in
paragraph (1) of subdivision (b) of Section 77201.1 that a county is
required to submit to the state, pursuant to the following
procedures:
   (1) A county may submit a declaration to the Department of
Finance, no later than February 15, 1998, that declares that (A) the
county incorrectly reported county costs as court operations costs as
defined in Section 77003 in the 1994-95 fiscal year, and that
incorrect report resulted in the amount the county is required to
submit to the state pursuant to paragraph (1) of subdivision (b)
being too high, (B) the amount the county is required to submit to
the state pursuant to paragraph (1) of subdivision (b) includes
amounts that were specifically appropriated, funded, and expended by
a county or city and county during the 1994-95 fiscal year to fund
extraordinary one-time expenditures for court operation costs, or (C)
the amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) includes expenses that were funded
from grants or subventions from any source, for court operation costs
that could not have been funded without those grants or subventions
being available.  A county submitting that declaration shall
concurrently transmit a copy of the declaration to the trial courts
of that county.  The trial courts in a county that submits that
declaration shall have the opportunity to comment to the Department
of Finance on the validity of the statements in the declaration.
Upon receipt of the declaration and comments, if any, the Department
of Finance shall determine and certify which costs identified in the
county's declaration were incorrectly reported as court operation
costs or were expended for extraordinary one-time expenditures or
funded from grants or subventions in the 1994-95 fiscal year.  The
Department of Finance shall reduce the amount a county must submit to
the state pursuant to paragraph (1) of subdivision (b) of Section
77201.1 by an amount equal to the amount the department certifies was
incorrectly reported as court operations costs or were expended for
extraordinary one-time expense or funded from grants or subventions
in the 1994-95 fiscal year.  If a county disagrees with the
Department of Finance's failure to verify the facts in the county's
declaration and reduce the amount the county is required to submit to
the state pursuant to paragraph (1) of subdivision (b) of Section
77201.1, the county may request that the Controller conduct an audit
to verify the facts in the county's declaration.  The Controller
shall conduct the requested audit, which shall be at the requesting
county's expense.  If the Controller's audit verifies the facts in
the county's declaration, the department shall reduce the amount the
county is required to submit to the state pursuant to paragraph (1)
of subdivision (b) of Section 77201.1 by an amount equal to the
amount verified by the Controller's audit and the state shall
reimburse the requesting county for the cost of the audit.  A county
shall provide, at no charge to the court, any service for which the
amount in paragraph (1) of subdivision (b) of Section 77201.1 was
adjusted downward, if the county is required to provide that service
at no cost to the court by any other provision of law.
   (2) A court may submit a declaration to the Department of Finance,
no later than February 15, 1998, that the county failed to report
county costs as court operations costs as defined in Section 77003 in
the 1994-95 fiscal year, and that this failure resulted in the
amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) being too low.  A court submitting
that declaration shall concurrently transmit a copy of the
declaration to the county.  A county shall have the opportunity to
comment to the Department of Finance on the validity of statements in
the declaration and comments, if any.  Upon receipt of the
declaration, the Department of Finance shall determine and certify
which costs identified in the court's declaration should have been
reported by the county as court operation costs in the 1994-95 fiscal
year and whether this failure resulted in the amount the county is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) being too low.  The Department of Finance shall
notify the county, the trial courts in the county, and the Judicial
Council of its certification and decision.  Within 30 days, the
county shall either notify the Department of Finance, trial courts in
the county, and the Judicial Council that the county shall assume
responsibility for the costs the county has failed to report, or that
the department shall increase the amount the county is required to
submit to the state pursuant to paragraph (1) of subdivision (b) of
Section 77201.1 by an amount equal to the amount certified by the
department.  A county shall not be required to continue to provide
services for which the amount in paragraph (1) of subdivision (b) of
Section 77201.1 was adjusted upward.
   (e) The Legislature hereby finds and declares that to ensure an
orderly transition to state trial court funding, it is necessary to
delay the adjustments to county obligation payments provided for by
Article 3 (commencing with Section 77200) of Chapter 13 of Title 8,
as added by Chapter 850 of the Statutes of 1997, until the 1998-99
fiscal year.  The Legislature also finds and declares that since
increase adjustments to the county obligation amounts will not take
effect in the 1997-98 fiscal year, county charges for those services
related to the increase adjustments shall not occur in the 1997-98
fiscal year.  It is recognized that the counties have an obligation
to provide, and the trial courts have an obligation to pay, for
services provided by the county pursuant to Section 77212.  In the
1997-98 fiscal year, the counties shall charge for, and the courts
shall pay, these obligations consistent with paragraphs (1) and (2)
of this subdivision.
   (1) For the 1997-98 fiscal year, a county shall reduce the charges
to a court for those services for which the amount in paragraph (1)
of subdivision (b) of Section 77201.1 is adjusted upward, by an
amount equal to the lesser of the following:
   (A) The amount of the increase adjustment certified by the
department pursuant to paragraph (2) of subdivision (d).
   (B) The difference between the actual amount charged and paid for
from the trial court operations fund, and the amount charged in the
1994-95 fiscal year.
   (2) For the 1997-98 fiscal year, any funds paid out of the trial
court operations fund established pursuant to Section 77009 during
the 1997-98 fiscal year to pay for those services for which there was
an upward adjustment, shall be returned to the trial court
operations fund in the amount equal to the lesser of the following:
   (A) The amount of the increase adjustment certified by the
department pursuant to paragraph (2) of subdivision (d).
   (B) The difference between the actual amount charged and paid for
from the trial court operations fund, and the amount charged in the
1994-95 fiscal year.
   (3) The Judicial Council shall reduce the allocation to the courts
by an amount equal to the amount of any increase adjustment
certified by the Department of Finance, if the cost of those services
was used in determining the Judicial Council's allocation of funding
for the 1997-98 fiscal year.
   (4) In the event the charges are not reduced as provided in
paragraph (1) or the funds are not returned to the trial court
operations fund as provided in paragraph (2), the trial court
operations fund shall be refunded for the 1998-99 fiscal year.  Funds
provided to the trial court operations fund pursuant to this
paragraph shall be available to the trial courts to meet financial
obligations incurred during the 1997-98 fiscal year.  To the extent
that a trial court receives total resources for trial court funding
from the county and the state for the 1997-98 fiscal year that
exceeded the amount of the allocation approved by the Judicial
Council by November 30, 1997, these amounts shall be available for
expenditure in the 1998-99 fiscal year and the Judicial Council shall
reduce the 1998-99 fiscal year allocation of the court by an equal
amount.
   (f) Nothing in this section is intended to relieve a county of the
responsibility to provide necessary and suitable court facilities
pursuant to Section 68073.
   (g) Nothing in this section is intended to relieve a county of the
responsibility for justice-related expenses not included in Section
77003 which are otherwise required of the county by law, including,
but not limited to, indigent defense representation and
investigation, and payment of youth authority charges.
   (h) The Department of Finance shall notify the county, trial
courts in the county, and Judicial Council of the final decision and
resulting adjustment.
   (i) On or before February 15, 1998, each county shall submit to
the Department of Finance a report of the amount it expended for
trial court operations as defined in Section 77003 and Rule 810 of
the California Rules of Court as it read on July 1, 1996, between the
start of the 1997-98 fiscal year and the effective date of this
section.  The department shall reduce the amount a county is required
to remit to the state pursuant to paragraph (1) of subdivision (b)
in the 1997-98 fiscal year by an amount equal to the amount a county
expended for court operation costs between the start of the 1997-98
fiscal year and the effective date of this section.  The department
shall also reduce the amount a county is required to remit to the
state pursuant to paragraph (2) of subdivision (b) in the 1997-98
fiscal year by an amount equal to the amount of fine and forfeiture
revenue that a county remitted to the state between the start of the
1997-98 fiscal year and the effective date of this section.  The
department shall notify the county, the trial courts of the county,
and the Judicial Council of the amount it has reduced a county's
obligation to remit to the state pursuant to this subdivision.
  SEC. 2.  Section 77201.1 of the Government Code is amended to read:

   77201.1.  (a) Commencing on July 1, 1997, no county shall be
responsible for funding court operations, as defined in Section 77003
and Rule 810 of the California Rules of Court as it read on July 1,
1996.
   (b) Commencing in the 1999-2000 fiscal year, and each fiscal year
thereafter, each county shall remit to the state in four equal
installments due on October 1, January 1, April 1, and May 1, the
amounts specified in paragraphs (1) and (2), as follows:
   (1) Except as otherwise specifically provided in this section,
each county shall remit to the state the amount listed below which is
based on an amount expended by the respective county for court
operations during the 1994-95 fiscal year:


  Jurisdiction                            Amount
  Alameda ........................  $ 22,509,905
  Alpine .........................             -
  Amador .........................             -
  Butte ..........................             -
  Calaveras ......................             -
  Colusa .........................             -
  Contra Costa ...................    11,974,535
  Del Norte ......................             -
  El Dorado ......................             -
  Fresno .........................    11,222,780
  Glenn ..........................             -
  Humboldt .......................             -
  Imperial .......................             -
  Inyo ...........................             -
  Kern ...........................     9,234,511
  Kings...........................             -
  Lake ...........................             -
  Lassen .........................             -
  Los Angeles ....................   175,330,647
  Madera .........................             -
  Marin ..........................             -
  Mariposa .......................             -
  Mendocino ......................             -
  Merced .........................             -
  Modoc ..........................             -
  Mono ...........................             -
  Monterey .......................     4,520,911
  Napa ...........................             -
  Nevada .........................             -
  Orange .........................    38,846,003
  Placer .........................             -
  Plumas .........................             -
  Riverside ......................    17,857,241
  Sacramento .....................    20,733,264
  San Benito .....................             -
  San Bernardino .................    20,227,102
  San Diego ......................    43,495,932
  San Francisco ..................    19,295,303
  San Joaquin ....................     6,543,068
  San Luis Obispo ................             -
  San Mateo ......................    12,181,079
  Santa Barbara ..................     6,764,792
  Santa Clara ....................    28,689,450
  Santa Cruz .....................             -
  Shasta .........................             -
  Sierra .........................             -
  Siskiyou .......................             -
  Solano .........................     6,242,661
  Sonoma .........................     6,162,466
  Stanislaus .....................     3,506,297
  Sutter .........................             -
  Tehama .........................             -
  Trinity ........................             -
  Tulare .........................             -
  Tuolumne .......................             -
  Ventura ........................     9,734,190
  Yolo ...........................             -
  Yuba ...........................             -

   (2) Except as otherwise specifically provided in this section,
each county shall also remit to the state the amount listed below
which is based on an amount of fine and forfeiture revenue remitted
to the state pursuant to Sections 27361 and 76000 of this code,
Sections 1463.001, 1463.07, and 1464 of the Penal Code, and Sections
42007, 42007.1, and 42008 of the Vehicle Code during the 1994-95
fiscal year:


  Jurisdiction                            Amount
  Alameda ..........................   $ 9,912,156
  Alpine ...........................        58,757
  Amador ...........................       265,707
  Butte ............................     1,217,052
  Calaveras ........................       310,331
  Colusa ...........................       397,468
  Contra Costa .....................     4,486,486
  Del Norte ........................       124,085
  El Dorado ........................     1,028,349
  Fresno ...........................     3,695,633
  Glenn ............................       360,974
  Humboldt .........................     1,025,583
  Imperial .........................     1,144,661
  Inyo .............................       614,920
  Kern .............................     5,530,972
  Kings.............................       982,208
  Lake .............................       375,570
  Lassen ...........................       430,163
  Los Angeles ......................    71,002,129
  Madera ...........................     1,042,797
  Marin ............................     2,111,712
  Mariposa .........................       135,457
  Mendocino ........................       717,075
  Merced ...........................     1,733,156
  Modoc ............................       104,729
  Mono .............................       415,136
  Monterey .........................     3,330,125
  Napa .............................       719,168
  Nevada ...........................     1,220,686
  Orange ...........................    19,572,810
  Placer ...........................     1,243,754
  Plumas ...........................       193,772
  Riverside ........................     7,681,744
  Sacramento .......................     5,937,204
  San Benito .......................       302,324
  San Bernardino ...................     8,163,193
  San Diego ........................    16,166,735
  San Francisco ....................     4,046,107
  San Joaquin ......................     3,562,835
      San Luis Obispo ..................     2,036,515
  San Mateo ........................     4,831,497
  Santa Barbara ....................     3,277,610
  Santa Clara ......................    11,597,583
  Santa Cruz .......................     1,902,096
  Shasta ...........................     1,044,700
  Sierra ...........................        42,533
  Siskiyou .........................       615,581
  Solano ...........................     2,708,758
  Sonoma ...........................     2,316,999
  Stanislaus .......................     1,855,169
  Sutter ...........................       678,681
  Tehama ...........................       640,303
  Trinity ..........................       137,087
  Tulare ...........................     1,840,422
  Tuolumne .........................       361,665
  Ventura ..........................     4,575,349
  Yolo .............................       880,798
  Yuba .............................       289,325

   (3) Except as otherwise specifically provided in this section,
county remittances specified in paragraphs (1) and (2) shall not be
increased in subsequent years.
   (4) Except for those counties with a population of 70,000, or
less, on January 1, 1996, the amount a county is required to remit
pursuant to paragraph (1) shall be adjusted by the amount equal to
any adjustment resulting from the procedures in subdivisions (c) and
(d) of Section 77201 as that section read on June 30, 1998, to the
extent a county filed an appeal with the Controller with respect to
the findings made by the Department of Finance.  This paragraph shall
not be construed to establish a new appeal process beyond what was
provided by Section 77201, as that section read on June 30, 1998.
   (5) Any change in statute or rule of court that either reduces the
bail schedule or redirects or reduces a county's portion of fee,
fine, and forfeiture revenue to an amount that is less than (A) the
fees, fines, and forfeitures retained by that county, and (B) the
county's portion of fines and forfeitures transmitted to the state in
the 1994-95 fiscal year, shall reduce that county's remittance
specified in paragraph (2) of this subdivision by an equal amount.
Nothing in this paragraph is intended to limit judicial sentencing
discretion.
   (c) Nothing in this section is intended to relieve a county of the
responsibility to provide necessary and suitable court facilities
pursuant to Section 68073.
   (d) Nothing in this section is intended to relieve a county of the
responsibility for justice-related expenses not included in Section
77003 which are otherwise required of the county by law, including,
but not limited to, indigent defense representation and
investigation, and payment of youth authority charges.
   (e) County base year remittance requirements specified in
paragraph (2) of subdivision (b) incorporate specific reductions to
reflect those instances where the Department of Finance has
determined that a county's remittance to both the General Fund and
the Trial Court Trust Fund during the 1994-95 fiscal year exceeded
the aggregate amount of state funding from the General Fund and the
Trial Court Trust Fund.  The amount of the reduction was determined
by calculating the difference between the amount the county remitted
to the General Fund and the Trial Court Trust Fund and the aggregate
amount of state support from the General Fund and the Trial Court
Trust Fund allocated to the county's trial courts.  In making its
determination of whether a county is entitled to a reduction pursuant
to that paragraph, the Department of Finance subtracted from county
revenues remitted to the state, all moneys derived from the fee
required by Section 42007.1 of the Vehicle Code and the parking
surcharge required by subdivision (c) of Section 76000.
   (f) Notwithstanding subdivision (e), the Department of Finance
shall not reduce a county's base year remittance requirement, as
specified in paragraph (2) of subdivision (b), if the county's trial
court funding allocation was modified pursuant to the amendments to
the allocation formula set forth in paragraph (4) of subdivision (d)
of Section 77200, as amended by Chapter 2 of the Statutes of 1993, to
provide a stable level of funding for small county courts in
response to reductions in the General Fund support for the trial
courts.
   (g) In any fiscal year in which a county of the first class pays
the employer-paid retirement contribution for court employees, or any
other employees of the county who provide a service to the court,
and the amounts of those payments are charged to the budget of the
courts, the sum the county is required to pay to the state pursuant
to paragraph (1) of subdivision (b) shall be increased by the actual
amount charged to the trial court up to twenty-three million five
hundred twenty-seven thousand nine hundred forty-nine dollars
($23,527,949) in that fiscal year.  The county and the trial court
shall report to the Controller and the Department of Finance the
actual amount charged in that fiscal year.
   (h) This section shall become operative on July 1, 1999.
  SEC. 3.  Section 1 of Chapter 1045 of the Statutes of 1998 is
amended to read:
  Section 1.  (a) For a county that received a loan pursuant to
Article 1.5 (commencing with Section 55620) of Chapter 4 of Part 2 of
Division 2 of Title 2 of the Government Code, the amount of the
local match required and those other funds necessary to complete the
project as described in the grant award made pursuant to subdivision
(b) of Section 4 of Chapter 339 of the Statutes of 1998 that is paid
by the county during its participation in the program specified in
that subdivision in the 1999-2000, 2000-2001, 2001-2002, and
2002-2003 fiscal years, shall be deemed a payment on the loan
provided pursuant to that article.
   (b) The principal balance of the loan made pursuant to that
Article 1.5, following the application of any payments made by a
county and the application of the payment deemed to have been made
pursuant to subdivision (a), shall be paid by a county in annual
installments of no less than 10 percent of the principal balance of
the loan.  These payments shall be made by December 31 of each year
commencing in the fiscal year following the initial participation in
the program authorized by Section 4 of Chapter 339 of the Statutes of
1998.  No further interest shall accrue on the loan after the
operative date of this act and any interest accrued to date is hereby
waived.
   (c) This act shall become operative only if the county
participates during the 1998-99 fiscal year or the 1999-2000 fiscal
year in the program or programs implemented pursuant to Sections 2 to
4, inclusive, of Chapter 339 of the Statutes of 1998.
  SEC. 4.  Section 2 of this bill shall not become operative if
Assembly Bill 2402 is enacted and becomes operative before this bill
and amends Section 77201.1 of the Government Code.
  SEC. 5.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to correct the statutory amounts that Contra Costa, Del
Norte, and San Bernardino Counties shall be required to remit to the
state for purposes of trial court funding, and in order that Merced
County may proceed with the construction of a new juvenile hall as
contemplated in Chapter 1045 of the Statutes of 1998 it is necessary
that this act take effect immediately.
